A Nationwide Permit (NWP) is a type of general permit that is issued every five years by the U.S. Army Corps of Engineers (Corps), for specific activities that have no more than minimal individual and cumulative adverse effects to the aquatic environment.  There are currently 57 active NWPs, covering a range of activities, including, but not limited to, maintenance, survey activities, structures in navigable waters, bank stabilization, mining activities, renewable energy activities, transportation activities, residential, commercial, recreational and institutional developments, and aquatic habitat restoration, establishment and enhancement activities. On January 13, 2021, the Corps published a notice in the Federal Register (86 FR 2744) announcing the reissuance of 12 NWPs and issuance of 4 new NWPs. In that final rule, the Corps also reissued the NWP general conditions and definitions. Those 16 NWPs and the NWP general conditions and definitions went into effect on March 15, 2021. On December 27, 2021, the Corps published a notice in the Federal Register (86 FR 73522) announcing the reissuance of the remaining 40 existing NWPs and issuance of 1 new NWP.  Those 41 NWPs went into effect on February 25, 2022. The NWP general conditions and definitions in the January 13, 2021, final rule apply to all 57 NWPs. All 57 NWPs will expire on March 14, 2026.

A description of each NWP is located here.  To qualify for a specific NWP, the proposed activity must meet all of the terms, General Conditions, and Regional Conditions of the NWP, including applicable Water Quality Certification conditions. In many cases, the prospective permittee must submit a pre-construction notification (PCN) to the appropriate District office, for verification, prior to commencement of any construction activities in waters of the U.S. Please contact your local District office with any questions on whether the proposed activity may qualify for a NWP. Contact information for the Sacramento District office nearest you may be found here.  It is extremely important that the prospective permittee carefully read and comply with all terms and conditions, including the General Conditions and Regional Conditions, of the NWP. If the prospective permittee is unable to comply with any of the terms and/or conditions of the NWP, they will need to obtain an individual permit (Letter of Permission or Standard Permit) or seek authorization under a Regional or Programmatic General Permit, if available.

Regional Conditions are conditions that are approved by the Division Engineer for use within specific geographic areas. For the Sacramento District, the South Pacific Division (SPD) has approved Regional Conditions for: (1) the State of California; and, (2) the States of Nevada and Utah.  The Regional Conditions include requirements for submittal of a PCN and prohibits the use of certain NWPs in specific aquatic resources.

As defined by the NWPs, A PCN is a request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by NWP. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. A PCN may be required by the terms and conditions of a NWP, or by Regional Conditions. A PCN may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit.

A PCN must be submitted for a proposed activity in the following circumstances:

a.  The terms of the NWP require the submittal of a PCN;

b.  The Regional Conditions require the submittal of a PCN;

c.  You are a non-federal applicant and Federally-listed or candidate threatened and/or endangered species or designated critical habitat is in the vicinity of the proposed activity, or the proposed activity is located in designated critical habitat (see General Condition 18 of the NWPs).

d.  You are a non-federal applicant and the activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties (see General Condition 20 of the NWPs).

e.  If an NWP activity requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”) (see General Condition 31)

General Condition 32 of the NWPs identifies the minimum information necessary for a complete PCN.  A PCN may be submitted (electronically) in one of two formats (or a combination) for California, Nevada, and Utah:

1.      Through the completion of a USACE NATIONWIDE PERMIT PRE-CONSTRUCTION NOTIFICATION, ENG Form 6082, found here with an attachment providing all information required by General Condition 32.

2.      A letter providing all information required by General Condition 32.

(NOTE: Internet Explorer is recommended for viewing. If you receive an error message regarding your PDF viewer, right click the "Application Form" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat)

Electronic submissions should be sent to SPKRegulatoryMailbox@usace.army.mil.

Information required by General Condition 32(b) :

(1)      Name, address and telephone numbers of the prospective permittee;

(2)      Location of the proposed activity;

(3)      Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity;

(4)(i)      A description of the proposed activity. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters.

(a)    the activity’s purpose;

(b)    direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure;

(c)    a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity;

(d)    any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed activity or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification.

4(ii)        For linear projects where one or more single and complete crossings require pre-construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs).  This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs.

4(iii)    Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);

(5)      A delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;

(6).       If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(7).      For non-Federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require a PCN, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;

(8).      For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require a PCN, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act;

(9).       For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the ‘‘study river’’ (see General Condition 16); and

(10).       For an activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the PCN must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project.

The terms, General Conditions, and Regional Conditions of a NWP apply to one single and complete project.  A single and complete linear project is defined by the NWPs as follows:

A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.

If the proposed activity is a linear project that would include multiple single and complete projects, the PCN must contain the information identified in General Condition 32 for each single and complete linear project.  This information may be consolidated within a single document but must clearly provide all information required for a complete PCN for each single and complete linear project.

In accordance with General Condition 28, the use of more than one NWP for a single and complete project is authorized, subject to the following restrictions:  

(a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre.

(b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1⁄2-acre, and the total acreage loss of waters of the United States due to the NWP 39 and 46 activities cannot exceed 1 acre.

When requesting authorization for multiple NWPs under one single and complete project, the PCN should clearly identify the acres and linear feet of permanent and temporary effects, including the loss of waters of the U.S., for each NWP activity.  Please note also, that in some instances, the use of multiple NWPs may not be necessary.  For example, NWP 3 (Maintenance) authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity.  Therefore, NWP 33 (Temporary Access, Construction, and Dewatering) would generally not need to be authorized with NWP 3 activities.  Similarly, NWP 29 (Residential Developments), authorizes attendant features, including, but not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development).  Therefore, NWP 12 (Utility Line Activities) would generally not need to be authorized with NWP 29 activities.

The District Regional Conditions include additional PCN requirements for specific NWPs, types of activities, and/or aquatic resources, in order to further minimize effects to waters of the U.S. The submittal of a PCN enables the District to evaluate the proposed activity and ensure that the individual and cumulative effects are no more than minor. 

If the proposed activity does not meet one or more of the General or Regional Conditions, then the proposed activity does not qualify for authorization under a NWP.  The prospective permittee may choose to modify the proposed activity to meet the terms, General Conditions, or Regional Conditions.  However, if the proposed activity if not modified to meet the terms, General Conditions, or Regional Conditions, the proposed activity would need to be evaluated through either a Regional or Programmatic General Permit (RGP or PGP), Letter of Permission (LOP) or a Standard Permit (SP).  For more information on RGPs or PGPs, click here . For more information on LOPs, click here , and for more information on SPs, click here.

(a)    In California: the use of any NWP (except NWPs 3, 6, 16, 20, 24, 27, 37, 38, 52, 53, and 59) authorizing the discharge of dredged or fill material in peatlands containing histosols, including bogs and fens, is prohibited;

(b)    In Nevada and Utah: The use of NWPs 4, 5, 7, 12 - 15, 17, 18, 21 - 23, 25, 29 – 31, 33, 34, 39 - 51, 57, or 58, authorizing the discharge of dredged and/or fill material in peatlands containing histosols, including bogs and fens, is prohibited; and,

(c)     In Utah: The use of NWPs 4, 5, 7, 12 - 15, 17, 18, 21 - 23, 25, 29 – 31, 33, 34, 39 - 51, 57, or 58, authorizing the discharge of dredged and/or fill material below the ordinary high-water mark of the Great Salt Lake containing bioherms (microbialites), is prohibited.

The determination to prohibit certain NWP activities within the Sacramento District was made following a review of NWP past use and the functions and services of various aquatic resources.

(a)    Histosols, fens, bogs and peatlands and in wetlands contiguous with fens:  Histosols, fens, peatlands, bogs, and wetlands adjacent to fens have been identified as regionally important aquatic resources in the District. Due to their rarity and difficulty to replace, any work within these areas could result in more than minor individual and cumulative effects.

(b)    Bioherms (microbialites):  Bioherms in the Great Salt Lake have been identified as regionally important aquatic resources in the District. Due to their rarity and difficulty to replace, any work within these areas could result in more than minor individual and cumulative effects.

If a specific NWP activity is prohibited in the project area, the District would determine if the proposed activity qualifies for an alternate NWP. If the proposed activity does not qualify for any other NWPs, the proposed activity must be evaluated through either a Regional or Programmatic General Permit (RGP or PGP), Letter of Permission (LOP) or a Standard Permit (SP).  For more information on RGPs or PGPs, click here. For more information on LOPs, click here , and for more information on SPs, click here.

Please see the NWP process flowchart, located here. The NWP verification process is as follows:

a.      Perspective permittee submits PCN.

b.      PCN is received, is assigned to a project manager, given a file number and entered into the Corps’ database.

c.      The project manager evaluates the PCN for completeness. If the PCN is not complete, a request will be sent to the prospective permittee, requesting the additional information necessary to make the PCN complete (this generally occurs within 30 days after receipt). The request will specify what information is needed to make the PCN compete. Additional information will generally only be requested once, but if all of the requested information is not provided, then the project manager will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received.

d.      Once the PCN is complete, the project manager will evaluate the PCN to determine if the activity would qualify for a NWP, and if the activity would result in no more than minimal individual and cumulative effects. If it is determined that the proposed activity does not meet the terms and conditions of a NWP, or if it is determined that activity would result in more than minimal effects, the prospective permittee will be notified that the activity cannot proceed under a NWP and will be evaluated under an individual permit.

e.      If the activity qualifies for a NWP, a determination will be made on whether the activity will result in effects to Federally listed or candidate threatened and/or endangered species or critical habitat, or if the activity has the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties.

f.       Consultations and Coordination:

(1)    If the activity may affect Federally-listed threatened and/or endangered species, the project manager will initiate consultation with the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) for compliance with Section 7 of the Endangered Species Act.  The prospective permittee will be copied on the initiation letter to the USFWS and/or NMFS. Per General Condition 18, the prospective permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) has been completed. If the prospective permittee has not heard back from the Corps within 45 days, they must still wait for notification from the Corps.

(2)    If the activity would result in adverse effects to areas designated as essential fish habitat (EFH) by the Pacific Fishery Management Council, the project manager will consult with the NMFS as required under Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act.  If consultation with NMFS is required for compliance with Section 7 of the Endangered Species Act, the consultation for adverse effects to EFH will be conducted concurrently.  The prospective permittee will be copied on consultation letters with NMFS.

(3)    If the activity has the potential to cause effects to historic properties, the project manager will initiate consultation with the State Historic Preservation Officer (SHPO) for compliance with Section 106 of the National Historic Preservation Act (NHPA). The prospective permittee will be copied on the initiation letter to the SHPO.  Per General Condition 20, the prospective permittee cannot begin the activity until receiving written notification from the Corps that there is “no potential to cause effects” on historic properties, or that any consultation required under Section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the prospective permittee has not heard back from the Corps within 45 days, they must still wait for notification from the Corps.

(4)      The project manager will coordinate with any affected Tribes, as applicable, to request comments on the proposed activity and any effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

(5)      In some cases, agency coordination is required per General Condition 32(d).  When agency coordination is required, the Corps will immediately provide (e.g. via email, facsimile transmission, overnight mail, or other expedition manner) a copy of the complete PCN to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, USEPA, and, if appropriate, the NMFS).  With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the Corps via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the Corps will wait an additional 15 calendar days before making a decision on the preconstruction notification.  For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The Corps will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.  Agency coordination is required for the following activities:

(i)    All NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the U.S.;

(ii)     NWP 13 activities in excess of 500 linear feet, fills greater than 1 cy/running foot, or involve discharges of dredged or fill material into special aquatic sites; and,

(iii)    NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.

g.      Following completion of the required consultations or coordination identified in section 17(f) above, OR if it is determined that no consultations or coordination is required, the Corps will complete the review of the proposed activity. In these cases, if the proposed activity meets all terms, General Conditions, and Regional Conditions of the NWP and would result in no more than minimal individual and cumulative adverse environmental effects, the Corps will send a provisional notification letter to the prospective permittee that the proposed activity may be authorized by a NWP once Section 401 Water Quality Certification (WQC), or waiver thereof, is granted and submitted to the Corps. No work may proceed under the authority of any NWP until Section 401 WQC, or waiver thereof, is granted.  Once Section 401 WQC or waiver has been obtained, the Corps will send a written verification authorizing the proposed activity to proceed subject to the terms and conditions of the NWP. In the majority of cases, the written verification would include project specific conditions (i.e. special conditions) that must also be followed. If the proposed activity requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project, the activity is not authorized by the NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the Corps project, and the Corps issues a written NWP verification.

If the prospective permittee does not hear back from the District within 30 days after submittal of a PCN, please contact the appropriate office to ensure that the PCN was received.  If the PCN was received by the District, and 45 days have passed, and the prospective permittee has not received written verification of the NWP activity, or other notification that the proposed activity may not be authorized under the NWP, the prospective permittee may proceed with the activity under the NWP, except in the following circumstances:

(a)    If the permittee is required to submit a PCN pursuant to GC18 that listed species or critical habitat might be affected or in the vicinity of the project, or to submit a PCN pursuant to GC 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (ESA) and/or Section 106 of the National Historic Preservation Act (NHPA) has been completed (See Compliance with Section 7 of the ESA and Section 106 of the NHPA below for additional information);;

(b)     If the proposed activity requires a written waiver to exceed specified limits of a NWP, the permittee may not begin the activity until the District issues the wavier; or

(c)    If, within 45 calendar days of receipt of a complete PCN, the prospective permittee was notified in writing that an individual permit is required, no work may begin until an individual permit is obtained.

Pursuant to GC 25, where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee cannot begin the activity until individual water quality certification, or waiver thereof, has been obtained and submitted to the District office.

This depends.  If the activity was under construction or under contract to begin construction by March 18, 2022, then the prospective permittee has one year (i.e., March 18, 2023) from the expiration date of the NWP to complete the activity. If the activity was not under construction or under contract to begin construction by March 18, 2022, then the NWP verification has expired, and the prospective permittee will need to request verification under the 2021 NWPs.  Generally, the submittal of a new PCN will not be required, provided no changes to the activity have been made.  However, because modifications have been made to the terms, General Conditions, and Regional Conditions of the 2021 NWPs, the request for re-verification under the 2021 NWPs should contain sufficient information to show that the activity complies with the 2021 NWP terms, General Conditions, and Regional Conditions.  If the activity has been modified since the previous authorization, it is likely that a new PCN will be required.  If a new PCN or other additional information is required, the project manager will contact the prospective permittee with the additional specific information needed.  If the work was “grandfathered”, and is not completed by March 18, 2023, the prospective permittee will need to request verification under the 2021 NWPs.

A NWP verification is generally valid for the length of the NWPs (i.e. March 14, 2026), unless the NWP is modified, suspended, or revoked.  However, in rare instances, specific expiration date for construction of the proposed activity may be added to the NWP verification as a special condition, if necessary to ensure the effects of the activity are no more than minimal.  If the activity is under construction or under contract to begin construction by the expiration date of the NWP (i.e. March 14, 2026), the prospective permittee will have one year to complete the activities authorized by the NWP (i.e. March 14, 2027).

An activity is authorized under a NWP only if that activity and the prospective permittee satisfy all of the NWPs terms and conditions, including all General Conditions and Regional Conditions.  In addition, an activity is authorized under a NWP only if the activity would result in no more than minimal individual and cumulative adverse effects.  As identified in the Corps regulations at 33 CFR 330.1(d), if the District Engineer finds that the proposed activity would have more than minimal individual or cumulative net adverse effects on the environment or otherwise may be contrary to the public interest, they shall modify the NWP authorization to reduce or eliminate those adverse effects (e.g. add special conditions to the NWP authorization), or they shall instruct the prospective permittee to apply for a Regional General Permit or an Individual Permit.  Additional information on discretionary authority can be found at 33 CFR 330.5(e).